Reporting Income Tax on Rental Properties

The new ring-fencing rules apply to residential land - mainly residential rental properties. This includes overseas property held by a New Zealand tax resident.

The rules generally apply no matter how the property is held. The rules apply to property owned by you or a partnership, a look-through company, a trust, or a close company.

If you have a tailored tax code and rental income, the new ring-fencing rules may affect you.

Rental Losses - Ring fenced

From the 2019-20 income year new ring-fencing rules apply to residential property deductions. Ring-fencing means residential property deductions can only be used to offset income from residential property. You cannot use rental losses to offset other income like salary and wages.

Under the rules, you can only claim deductions up to the amount of income you earn from the property for the year.

You must carry forward deductions over that amount. You can use these deductions to offset your rental income in future income years.

Charlotte and Andrew Spenceley do not want to sell the land they bought for a new family home, but a health crisis means they have to, and they will have to pay tax on the capital gains they make because of it.

In these situations, if the homeowner isn’t looking to profit the outcome could seem to be quite harsh.

The bright-line test, which was introduced by the National Government in 2015 but extended by the Labour Government to require properties to be held first for five years and then 10 years, was intended to tax capital gains on investment properties.

Under interest deductibility rules and extension of the bright-line test, the government has released a document which defines a New Build and which properties will be exempted from the proposed new interest limitation rules and subject to a five-year bright-line test (rather than a ten-year test)

In March 2021 the government announced its intention to limit the deductibility of interest on residential investment property.
This month, the government released a detailed document to the decisions they made regarding those tax changes.

Proposed extension to 10 years, excluding new builds, and changes to the treatment of times when the property is not the owner's main home.

This fact sheet summarises changes the Government intends to make to the taxation of residential property.
Once legislation is enacted, more details will be available at ird.govt.nz/property.
This fact sheet is to inform people making decisions about buying or selling property of the proposed changes and how they might affect them.